Proportionality in International Law
Publisher: Oxford University Press
Published: Apr 15, 2014
Language: eng
Format: hardcover
Number of pages: 352
ISBN-13: 9780199355037
Description: "Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining detailed philosophical and legal analysis with highly emotive contemporary combat cases. The case studies are discussed mainly from the perspective of those who make decisions in the midst of armed conflict bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in conflicts). Readers will gain much greater clarity over how proportionality should be understood in theory and in practice. The unique interdisciplinary approach offers great value to practitioners and policymakers alike"--Unedited summary from book jacket.